Short Answer

In North Carolina, you do not have to give a recorded statement to the at-fault driver’s insurance company, and declining one does not automatically reduce your compensation. It may slow the insurer’s evaluation, but you can provide facts in writing with documents instead. If the request is from your own insurer, your policy may require cooperation (sometimes including a statement), and refusing could affect first-party benefits like MedPay or UM/UIM. Always keep the three-year lawsuit deadline in mind.

Understanding the Problem

You want to know if saying “no” to a recorded statement will hurt the value of your North Carolina personal injury claim. Here, the insurer asked for a recorded statement after a crash, your law firm declined, and offered a written narrative instead. The insurer initially found liability unfavorable but said it might reconsider if new details emerge.

Apply the Law

Under North Carolina law, a recorded statement to the other driver’s insurer is voluntary. For third-party claims, insurers evaluate liability and damages using the police report, photos, medical records, bills, wage proof, and your account—recorded or written. North Carolina follows contributory negligence: if you are even slightly at fault, recovery against the at-fault driver can be barred, so off-the-cuff recorded statements can create risk. For your own insurer (first-party benefits like MedPay or UM/UIM), your policy usually requires cooperation and sometimes a statement under oath. Lawsuits are filed in the county Civil Division (District or Superior Court), and the general personal-injury filing deadline is three years from the crash.

Key Requirements

• Third-party statements are voluntary: You may decline a recorded statement to the at-fault driver’s insurer without automatically forfeiting payment.
• First-party cooperation: Your own policy often requires cooperation; refusing a requested statement or examination under oath may affect MedPay or UM/UIM benefits.
• Provide facts another way: A concise written narrative with photos, the crash report, and medical documentation can support liability and damages.
• Contributory negligence sensitivity: In NC, any admitted fault can defeat recovery, so precision and consistency matter.
• Preserve deadlines: You generally have three years to file a personal injury lawsuit; keep this clock regardless of claim negotiations.
• Accuracy over speed: Do not rush into a recorded statement before you understand injuries and treatment; accuracy helps value.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - General three-year deadline for personal-injury actions.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability, UM, and UIM coverage) - Defines required auto liability and UM/UIM coverage framework.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Lists prohibited insurer claim practices.

Analysis

Apply the Rule to the Facts: Because the request came from the other driver’s insurer, declining a recorded statement should not, by itself, reduce compensation. Given the initial unfavorable liability view, a careful written narrative with photos and the crash report can supply the “new details” the adjuster needs to reconsider without the risks of a recorded interview. This approach also avoids statements that could be used to argue contributory negligence. Keep negotiations moving, but preserve the three-year filing deadline.

Process & Timing

1. Who files: The injured person or their attorney. Where: For a lawsuit, the Clerk of Superior Court, Civil Division, in the county where the crash occurred or where the defendant resides. What: A civil complaint and summons. When: File within three years of the crash for personal injury.
2. For the claim stage, send a written narrative, photos, medical records, bills, and wage proof to the adjuster. Expect the insurer to review within a few weeks, though timelines vary by county and carrier.
3. If liability is still denied or the offer is inadequate, send a formal demand with supporting evidence; if unresolved, file suit before the deadline to preserve your rights.

Exceptions & Pitfalls

• Your insurer’s request: If your own company asks, the policy’s cooperation clause may require a statement or examination under oath; refusal can affect MedPay or UM/UIM benefits.
• Contributory negligence risk: Casual admissions in a recorded statement (speed, distraction, partial fault) can bar recovery in NC.
• Inconsistent accounts: Differences between a recorded statement and later medical records or deposition can undermine credibility and value.
• Overbroad authorizations: Avoid signing blanket medical releases that allow fishing into unrelated history; tailor the scope to the injuries.
• Deadline drift: Negotiations do not extend the statute of limitations; get a tolling agreement in writing or file suit on time.

Talk to a Personal Injury Attorney

If you're dealing with an insurer pressuring you for a recorded statement after a North Carolina crash, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.